In Chapter 13 cases, a confirmation hearing is a court hearing required by the Bankruptcy Code. Confirmation hearings are not held in Chapter 7 cases. The purpose of the confirmation hearing is to resolve any objection of the trustee, creditors and other parties to the debtor’s proposed Chapter 13 plan. If everyone is in agreement, […]
What Is A Confirmation Hearing? Read More »
A year after you close title to your new home, a process server delivers a foreclosure complaint to your door. You notice that your name is listed as a defendant as well as the name of your seller. You see that the plaintiff holds a mortgage on your home that is in default but you
Title Litigation Part 1 Read More »
In New Jersey, in order to maintain a professional malpractice lawsuit, a plaintiff must provide an “affidavit of merit” to the defendant after filing suit. The affidavit of merit statute in part requires that, in any action seeking damages “resulting from an alleged act of malpractice or negligence by a licensed person in his profession
What Is An Affidavit of Merit? Read More »
I receive many calls from people facing the foreclosure of their home. They want to know whether they will remain liable after the foreclosure to their mortgage lender for any part of the mortgage debt. For a period of 90 days after the sheriffs sale, the mortgage lender has the option of filing a lawsuit
Deficiency Liability In Home Sales Read More »
Your teenaged son is involved in a fight with a classmate. You notify your homeowners insurance company of the fight. Several months later, you receive a letter from an attorney representing the classmate which you turn over to your insurance company. Over a year after that, the classmate files a lawsuit against your son, which
Settling Your Injury Claim Without Your Insurance Company’s Consent Read More »
New Jersey law requires that the seller of a home obtain a smoke detector and carbon monoxide detector inspection and certificate (sometimes called a “fire certificate”). This is initiated by completing a form at the office of the town, city or township where the property is located and paying a fee. An appointment is then
Do I Need A Municipal Certificate For My Home Purchase? Read More »
Modular homes are a cost effective alternative to stick built housing. They are prefabricated in a factory setting, in units of boxes. Depending on the home size desired, the house can consist of from three to ten boxes or more. Because a modular home is manufactured under controlled conditions, there is more of an opportunity for
Modular Housing Litigation Read More »
It seems like at least once a week, I get a call from someone who has had money frozen in their bank account due to entry of a judgment. In some cases, s/he does not even know that s/he was sued. Then there is a very limited amount of time before the creditor obtains a
Vacating Default Judgments Read More »
In standard automobile insurance policies, personal injury protection coverage will pay your medical expenses sustained in connection with a car accident. There is a deductible and a co-payment, and typically $250,000 in coverage is purchased. Your auto insurance company may offer you savings by suggesting that you use your health insurance policy to cover your
Using My Health Insurance Company For Auto Personal Injury Protection Coverage Read More »
Along with a college education often comes the debt that paid for it. It is not uncommon for graduates to find themselves in six figure debt, and sometimes with no employment opportunities, or in low paying jobs. It would then be logical that bankruptcy could be used to discharge student loans. WRONG! While bankruptcy is
Are Student Loans Dischargeable In Bankruptcy? Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
